Logging

West's Encyclopedia of American Law
COPYRIGHT 2005 The Gale Group, Inc.

LOGGING

The cutting of, or commercial dealing in, tree trunks that have been cut down and stripped of all branches.

The statutes in certain jurisdictions provide for the marking of logs for the purpose of identification. Once a log is marked, its mark must be recorded, as must any change in ownership of the marked logs.

Trees which are standing upon land can become objects of personal property prior to their severance from the soil and, therefore, a change in the ownership of the land would have no effect upon ownership of the trees. Standing timber can be conveyed separately from the property upon which it was grown. If this occurs, two separate and distinct property interests are created: one in the land and one in the timber.

A purchaser of standing timber may enter onto the land for the purpose of cutting and removing the timber. Contracts for the sale of standing timber may limit the time during which the right of entry can continue.

The public may generally float logs on any stream which is capable of being so used in its natural state. When necessary, the right to use a stream includes the incidental right to use the banks, at least below the high-water mark.

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